Jeopardy Attaches After An Acquittal On Contempt.

Two employees of a waterproofing company quit and started a competing business. The employer brought an action against them which the parties settled, including a stipulated injunction, enjoining the two employees and their new company from contacting the employer’s customers. The agreement provided the trial court would retain jurisdiction over the parties pursuant to CCP § 664.6 to enforce the terms of the agreement. The employer filed an order to show cause to have the enjoined persons held in contempt for violating the injunction, as well as a motion to enforce the stipulated settlement. The court acquitted the enjoined parties in the contempt proceedings, and declined to enforce the stipulated injunction in the settlement agreement. On appeal, the appellate court concluded the double jeopardy clause precluded it from affording the employer relief on the contempt petition. With regard to the trial court’s refusing to enforce the settlement agreement, however, the Court of Appeal reversed. Wanke v. Keck  (Cal. App. Fourth Dist., Div. 1;  October 4, 2012) (As Mod. October 29, 2012) 209 Cal.App.4th 1151, [147 Cal.Rptr.3d 651].